Inland Wetlands, Water Courses & Conservation Commission

Regular Meeting Minutes December 7, 2023 CITY OF NORWICH INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION HYBRID MEETING / PUBLIC HEARING 23 Union Street - Lower Level & via ZOOM NORWICH, CT A. CALL TO ORDER: Chairman Richard Morell called the meeting to order at 7:00 PM. B. ROLL CALL and SEATING of ALTERNATES: Chairman Richard Morell stated that all members other than Chris Serry would be voting during the public hearing and old business. Present: Chairman Richard Morell, Brandon Hyde, Douglas Lee, Chris Seery (ZOOM) and Peter Chalecki (ZOOM). Absent: None. Also Present: Jeff Bord, Bohler Engineering; Henry Resnikoff; Brian Carey (ZOOM); David McKay; Katherine Rose, Recording Secretary; and Dan Daniska, City Planner/Wetland Agent C. APPROVAL OF MEETING MINUTES: Douglas Lee put forth a motion to APPROVE the October 5, 2023 regular meeting minutes. Brandon Hyde seconded. Douglas Lee, Peter Chalecki, Brandon Hyde and Richard Morell voted in favor. The motion passed unanimously. Douglas Lee put forth a motion to APPROVE the October 16, 2023 special meeting minutes. Brandon Hyde seconded. Douglas Lee, Peter Chalecki, Brandon Hyde and Richard Morell voted in favor. The motion passed unanimously. D. COMMUNICATIONS: None. E. PUBLIC HEARING and POTENTIAL ACTION ON THE FOLLOWING APPLICATION: 1. IWWCC #22-05M: 145 Taftville-Occum Road, 432 Canterbury Turnpike & 180 Lawler Lane. Modification of a Previously Approved Permit (#22-05) for a Proposed Subdivision and a report to the Commission on the City Plan for the subdivision application. Application and Property of Norwich Community Development Corporation, Kevin Brown, President. Assessor’s Map 25, Block 1, Lot 1; Map 24, Block 1, Lot 1; Map 23, Block 1, Lot 7. Zone PDD & GC Brandon Hyde made a motion to open the public hearing. Douglas Lee seconded. All voted in favor. The motion passed unanimously. Dan Daniska put the site plan on screen for all to view. Jeff Bord from Bohler Engineering presented on behalf of the applicant. Jeff Bord stated that NCDC had come before the IWWCC last summer for the approval of 7,700 linear feet of roadway spanning from Route 97 to Lawler Lane, in regards to the same property. Jeff Bord continued that they are now looking to modify the previously approved application. Jeff Bord noted that the changes are limited to where the end of the proposed roadway and Lawler Lane intersect. Jeff Bord stated the change was related to the intersection and sight lines for safety. Jeff Bord noted on the site plan where there would be an additional 3,600 square feet of clear cutting within the upland review area, with no direct impacts. Jeff Bord stated that a landscape architect who reviewed the area reported there were fewer than three trees less than 8-inches in diameter whose roots were currently being choked out by invasive species and were sitting atop the existing power lines. Mr. Bord stated the clearing would be a safety as well as a visual improvement. Mr. Bord added that the only change in the masterplan was to a single driveway between two basins that leads out to Building 10. Jeff Bord showed on the site plan where there would be a new driveway that crosses the narrowest part of the wetlands, similar to what was done for Building 12 and between Lot 5. Jeff Bord stated the road would remain the same otherwise and the only other additional change to the masterplan shown on screen was the complete elimination of Building 11. Brandon Hyde made a motion to close the public hearing at 7:10. Douglas Lee seconded. All voted in favor. The motion passed unanimously. Brandon Hyde made a motion to APPROVE IWWCC APPLICATION #22-05M with the following conditions:  That the original approval remains valid for FIVE YEARS and will expire on 06/16/2027. The right to request an extension of approval shall be applicable to each developer of an individual building site within the business park to which this wetlands approval has been assigned and approved by the Commission.  That final revised plans be submitted and reviewed by City Staff.  That a note should be added in appropriate locations on the plan set regarding future local wetlands permitting that will be required for modifications to Interchange 18 on Interstate 395.  That in regard to the report to the Commission on the City Plan for SUB #437, the IWWCC approved IWWCC #22-05, which remains unchanged minus the modification discussed in this application. The proposed erosion and sedimentation controls from the original approvals remain sufficient to protect the wetlands in the proposed subdivision.  That all approval conditions from the original IWWCC #22-05 remain in effect.  That this approval is in effect the Subdivision Report for the Commission on the City Plan for SUB #437.  That the required Erosion and Sedimentation Control Bond be submitted, in an amount satisfactory to the City Engineer, for the construction of the roadway and adjacent multi-use pathway. Bonds must be submitted in a form acceptable to the City (check or letter of credit) prior to any land disturbance activities occurring.  That the required bond, in an amount deemed satisfactory to the City Engineer, be submitted as individual sites are developed, for Erosion and Sediment Control and Site Restoration. Individual site developers shall be responsible for Erosion and Sediment Control bonds at the time of permit transfer. Bonds must be submitted in a form acceptable to the City (check or letter of credit) prior to any land disturbance activities occurring.  That all site activities shall be conducted in accordance with the plans, specifications and documents of record. Any material deviation such as encroaching to the wetlands, with the exception of the roadway construction, which will require the review and approval of city staff and the Wetlands Commission, from the approved plans or construction sequence shall be cause for enforcement action by the Inland Wetlands, Watercourses and Conservation Commission.  That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion.  That all work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this approval. Any structures, excavation, fill, obstructions, encroachments or regulated activities not specifically identified and authorized herein shall constitute a violation of this approval and may result in its modification, suspension, or revocation of this permit, but such modification, suspension or revocation shall be limited to that portion of the property, i.e., building site under development, on which the violation has occurred. Upon initiation of the activities authorized herein, the permittee thereby accepts and agrees to comply with the terms and conditions of this approval.   That no equipment or materials including without limitation fill, construction materials, or debris, shall be deposited, placed, or stored in any wetland or watercourse on or off site unless specifically authorized by this approval.  That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit.  That the permit shall not be assigned or transferred to another entity without the written permission of the Commission. Individual site developers are required to inform the Commission prior to commencing any land disturbance activities for permit transfer approval.  That all erosion and sediment control measures shall be in accordance with the Connecticut Guidelines for Erosion and Sediment Control. Erosion and sediment control measures shall be installed and inspected prior to site disturbance. It is the permittee's responsibility to schedule the inspection with the Norwich Planning Department. Additional erosion and sediment control measures shall be installed if determined to be necessary by the Designated Agent. The permittee shall take such necessary steps consistent with the terms and conditions of the approval, to control stormwater discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.  That this permit will be strictly enforced. The Commission may suspend or revoke this permit, may direct the Commission's Agent to issue a cease and desist order or may require the applicant to modify, extend, or revise the site work or restore the area to its original condition if it finds that the applicant has not complied with the conditions set forth in this approval or if the applicant exceeds the scope of this approval as set forth herein or if the intended use or actual use of the general site is not as represented by the application or the plan of record. REASON: The proposed erosion and sediment controls are sufficient to protect the wetlands located throughout the project. Douglas Lee seconded. Douglas Lee, Peter Chalecki, Brandon Hyde and Richard Morell voted in favor. The motion passed unanimously. F. OLD BUSINESS: 1. IWWCC #23-05: 0 Myrtle Drive Application for land disturbance activities within a regulated wetland and associated upland review area for preparation of a development pad for future construction. Application of Sammy P Inc. Property of Sammy Piotrkowski. Assessor’s Map 41. Block 1, Lots 5, 5.1, 5.2, 5.RD. Zone BP. Dave McKay from Boundaries LLC stated the proposal is for the development of two commercial pad sites at 0 Myrtle Drive for future commercial use. David McKay stated there were four wetland areas overall on the property, some of which were located in Franklin but no work would be done in the wetland review area adjacent to Elijah Brook. David McKay continued that there was another area that contained a vernal pool but all activity is located outside of the 100-foot wetland review area. David McKay noted that an intermittent watercourse was located at the center of the property, which began at the drainage discharge from Myrtle Drive and ended at an isolated wetland area. David McKay noted on the northerly property line sewer easement there was another wetland area where they would maintain a 50-foot buffer. Dave McKay showed the overall site development plan on screen for all to review and discussed the layout of the property. Dave McKay stated the October sidewalk started at the cul-de-sac end of Myrtle Drive and continued down the proposed access driveway to the isolated wetland area on the Franklin town line. David McKay stated the application calls for the fill of that area and the possible relocation of 400 feet of intermittent watercourse into a rip raff drainage swale that will divert drainage from Myrtle Drive around the commercial pad site to the northern portion of the property. David McKay stated that the proposed stormwater management for the property is three basins; one well outside the upland review area at the end of Dominican Drive and two basins on the city of Franklin town line that will collect the remaining runoff from the proposed development site and the upper contributing areas. David McKay stated that another proposed stormwater feature is specific to maintaining the hydrology of the vernal pool. David McKay continued that on the southside of the access driveway they are proposing a grass swale for a portion of the driveway, with the volume calculated to specifically maintain the hydrology during the two, ten and twenty-year storm events, even though grading of the vernal pool was being done. David McKay stated that the underdrain system along the edge of the road would also discharge to the same swale and lead into the vernal pool. David McKay stated a series of staging plans for erosion controls was proposed for the project. David McKay explained the first step of the project would be to clear the site, then use the grindings from the logged wood to create a series of wood chip burns parallel to the existing grades that will work their way up the slope. David McKay continued that after that work is completed initial grading would be done to construct the diversion swale and temporary sediment trap at the end of the access driveway. David McKay stated finally they would begin the bulk earthwork to create the access driveway. David McKay stated that once the area was rough graded and had the slope stabilized, they would move to the next stage of creating Water Basin 2 and the second half of the southern pad site. David McKay stated that all fill needed for the project would be generated on site through the cut to create the access driveway. David McKay stated that once the ENS controls were adjusted as grading continues, they would move onto the northern part of the pad site. David McKay continued that after the access driveway, the four-acre pad site and all the slopes were in place the final step would be the grading of the 1.4 ace pad site. Richard Morrell asked what other protections would be made for the future of the vernal pool. David McKay responded that the plan follows the standards that there will be no disturbance within 100 feet of the vernal pool; there would be a wildlife deflector fence between the pool and work area; and they would maintain 75% of the existing forest canopy within a 750-foot radius of the vernal pool. David McKay stated there was no other potential development that could occur on the property without exceeding that threshold. Richard Morrel asked what material would be used for the deflector fence. David McKay responded there were various options specified; it can be fabricated using 18-inch diameter HDPE pipes or manufactured ACO wildlife plastic arch. Brandon Hyde asked if feedback from neighboring towns was required prior to voting. Dan Daniska noted he had reached out over a period of months and has not received any feedback. Douglas Lee made a motion to APPROVE IWWCC APPLICATION #23-05 with the following conditions:  That the approval is valid for FIVE YEARS and will expire on 12/07/2028.  That all site activities shall be conducted in accordance with the plans, specifications and documents of record. Any deviation from the approved plans or construction sequence shall be cause for enforcement action by the Inland Wetlands, Watercourses and Conservation Commission.  That the permittee shall notify the Inland Wetlands Agent prior to the commencement of work and upon its completion.  That all work and all regulated activities conducted pursuant to this authorization shall be consistent with the terms and conditions of this approval. Any structures, excavation, fill, obstructions, encroachments or regulated activities not specifically identified and authorized herein shall constitute a violation of this approval and may result in its modification, suspension, or revocation.  Upon initiation of the activities authorized herein, the permittee thereby accepts and agrees to comply with the terms and conditions of this approval.  That no equipment or materials including without limitation fill, construction materials, or debris, shall be deposited, placed, or stored in any wetland or watercourse on or off site unless specifically authorized by this approval.  That the General Provisions stated in Section 11.9 of the Inland Wetlands and Watercourse Regulations are applicable to this permit.  That the permit shall not be assigned or transferred to another entity without the written permission of the Commission.  That all erosion and sediment control measures shall be in accordance with the Connecticut Guidelines for Erosion and Sediment Control. Erosion and sediment control measures shall be installed and inspected prior to site disturbance. It is the permittee's responsibility to schedule the inspection with the Norwich Planning Department. Additional erosion and sediment control measures shall be installed if determined to be necessary by the Designated Agent. The permittee shall take such necessary steps consistent with the terms and conditions of the approval, to control stormwater discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.  That this permit will be strictly enforced. The Commission may suspend or revoke this permit, may direct the Commission's Agent to issue a cease and desist order or may require the applicant to modify, extend, or revise the site work or restore the area to its original condition if it finds that the applicant has not complied with the conditions set forth in this approval or if the applicant exceeds the scope of this approval as set forth herein or if the intended use or actual use of the general site is not as represented by the application or the plan of record. REASON: The proposed erosion and sediment controls are sufficient to protect the wetlands located throughout the project. Brandon Hyde seconded. Douglas Lee, Peter Chalecki, Brandon Hyde and Richard Morell voted in favor. The motion passed unanimously. G. OTHER BUSINESS: Extension Request: IWWCC #18-12A(M2): 140 Yantic Road – Hale Mill Dan Daniska stated the Hale Mill site plan was modified multiple times and the original approval is expiring so the property owner is looking for a brief renewal extension. Dan Daniska stated the property owner would also be submitting another application for a modification at the next meeting. Dan Daniska stated that Wetlands Regulation 7.9E allows for an extension if work has been occurring over a period of time. Dan Daniska stated the minor modification is in favor of the wetlands on the site as there would be less disturbance. Douglas Lee asked for clarification if the application was to be extended or renewed. Dan Daniska stated the approval had expired on December 6, 2023 but the IWWCC had not met in some time, so at the current time it would be a renewal. Douglas Lee asked what the period of the renewal would be. Dan Daniska responded that it would be the commission’s discretion but suggested providing a few months range. Dan Daniska also clarified that because the previous application #18-12A(M2) had expired the renewed application would be assigned a new number. Douglas Lee made a motion that IWWCC APPLICATION #18-12A(M2) be renewed for a period of no longer than three months. Brandon Hyde seconded. Douglas Lee, Peter Chalecki, Brandon Hyde, Chris Seery and Richard Morell voted in favor. The motion passed unanimously. The motion passed unanimously. H. VIOLATIONS: None. I. ADJOURNMENT: Brandon Hyde made a motion to adjourn the meeting at 7:38 PM. Douglas Lee. Douglas Lee, Peter Chalecki, Brandon Hyde, Chris Seery and Richard Morell voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose - Recording Secretary